4 New Square

This Practice Note provides guidance on when and why delivery of a bill is sought, how to apply for delivery and the orders the court can make. It also provides examples of where the court has (and has not) exercised a discretion under section 68 of the Solicitors Act 1974 (SA 1974), the effect of delivery of a statute bill and delivery up of the client’s papers.

This Practice Note considers the basis of assessment of solicitors’ costs. It considers the solicitors’ costs estimate and what is reasonable having regard to this estimate taking into account challenges where a solicitors’ bill exceeds the costs estimates provided. It also covers assessment of solicitors’ costs relating to proceedings in the County Court and the court’s jurisdiction to determine contractual disputes in assessment proceedings.

This Practice Note considers how to obtain an order for assessment, the procedure to be followed, in the event that an assessment is ordered (including the documents and evidence required, the assessment hearing and the costs of the assessment).

This Practice Note covers the rights that a solicitor has to recover their fees to include issuing proceedings for payment of a bill and the exercise of proprietary rights over papers and/or sums recovered through their instrumentality.

This Practice Note addresses the circumstances in which a solicitor-own client assessment may be requested. The primary route to an assessment is through the statutory rights provided in Part III of the Solicitors Act 1974 (SA 1974). SA 1974 provides the ‘party chargeable’ with rights to request assessment, along with certain third parties. This Practice Note seeks to summarise the tests to be applied and the various time limits which may ultimately restrict the ability to request an assessment.

This Practice Note provides guidance on what a statute bill is and what is required for it to be compliant based on the express and implied requirements. It considers delivery of interim statute bills by agreement, the circumstances where there is ambiguity in the retainer as to whether a bill rendered is interim or not and whether a solicitor is entitled to deliver interim statute bills if a ‘natural break’ occurs prior to the conclusion of the matter. It also examines the different requirements including delivery, need for narrative information and the treatment of disbursements.